Opinion
February 16, 1988
Appeal from the Supreme Court, Nassau County (O'Shaughnessy, J.).
Ordered that the judgment is affirmed.
When viewed in the light most favorable to the People, the evidence is legally sufficient to establish the element of intent beyond a reasonable doubt (see, People v Contes, 60 N.Y.2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).
The defendant further claims that error occurred when the jury observed him in a public corridor in handcuffs. This point was not preserved for appellate review and in any event, this apparently brief, inadvertent observation by the jury, on a single occasion, of the defendant in handcuffs did not deprive him of a fair trial in light of the compelling evidence of his guilt (People v Dawson, 125 A.D.2d 860, lv denied 69 N.Y.2d 879).
Finally, we find that the defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Mangano, J.P., Bracken, Spatt and Harwood, JJ., concur.